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South
Dakota Passes Most Restrictive Abortion Law |
Posted:
3.08.06
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South Dakota has passed a law banning nearly all abortions, a
move many say sets up a court fight to challenge the 1973 Supreme
Court decision that legalized abortion.
Printer-friendly versions: PDF
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Gov. Mike Rounds, a Republican, signed legislation Monday that
would make it a crime for doctors to perform abortions, including
in cases of rape or incest, unless the procedure was necessary
to save the woman's life.
"In the history of the world, the true 
test of a civilization is how well people treat the most vulnerable
and most helpless in their society," Rounds said in a written
statement after signing the bill into law.
"The sponsors and supporters of this bill believe that abortion
is wrong because unborn children are the most vulnerable and most
helpless in our society. I agree with them."
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A new Supreme
Court |
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In crafting the law, legislators said a new Supreme Court may
be more receptive to the antiabortion movement and overturn Roe
v. Wade, legislation that legalizes abortion.
"As you know, Justice Roberts and Justice Alito were just
favorably placed on that board. There is still another chance
that President Bush will have to place another justice on that
bench. I think it's time to pass House Bill 1215 and protect the
lives of the unborn," pro-life Democratic state Senator Julie
Bartling said in the lead up to the vote.
The law will take effect July 1, but it is likely a federal judge
will suspend it during legal challenges, which could take years.
 Planned
Parenthood of South Dakota, which operates the state's only abortion
clinic in Sioux Falls, has pledged to challenge the law through
a federal lawsuit or a state referendum.
According to South Dakota law, if opponents of the measure collect
16,728 signatures of registered voters in the next three months
the law will be delayed and a vote will be held on the issue in
November.
"This proposed ban is a reprehensible attack on women's
health care in South Dakota and across the country; it makes a
bad situation intolerable for women," said Sarah Stoesz,
the chief executive officer of the Sioux Falls clinic.
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Abortion
in South Dakota |
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South Dakota is already one of the most restrictive states in
the country to get an abortion.
Existing law mandates a 24-hour waiting period and counseling
prior to the procedure. Girls under the age of 16 must notify
a parent.
No local doctors will perform abortions at the Sioux Falls clinic,
so once a week a physician from Minnesota flies into the state
to perform the procedure.
"I just remember from my practice how desperate women were,
and I just wanted to be available to give them a safe abortion.
There are doctors who can't do this, emotionally, possibly. But
for me, I put myself in their position, and I want to treat them
the way I'd want to be treated myself," said Dr. Miriam McCreary,
a physician who left retirement to work at the clinic, in a March
3 NewsHour broadcast.
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Critics of
the challenge |
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Not all abortion opponents support South Dakota's new law. If
a case goes to the Supreme Court and the justices uphold Roe,
it would be a big blow to pro-life movement.
 They
think a better strategy to limit abortions is to create restrictions
such as parental and husband notification requirements that are
acceptable to more Americans.
"We're obviously in favor of a ban on abortion; that is
our ultimate goal. But we are concerned about the timing,"
Patty Skain, executive director of Missouri Right to Life, told
the Associated Press.
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Compiled by Annie Schleicher for NewsHour Extra
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